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HomeMy WebLinkAboutPC RES 32961 RESOLUTION NO. 3296 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING CONDITIONAL USE PERMIT 94-014 TO OPERATE A MEDICAL OFFICE IN EXISTING STRUCTURES WHERE GREATER THAN 50% OF THE GROUND FLOOR AREA IS DESIGNATED FOR OCCUPANCY BY PROFESSIONAL OFFICES AT THE PROPERTY LOCATED AT 1095 IRVINE BOULEVARD The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ao That a proper application, Conditional Use Permit 94-014, has been filed by St. Joseph Hospital to authorize the establishment of a medical office in existing buildings where greater than 50% of the ground floor area is designated for occupancy by professional offices pursuant to Tustin City Code Section 9232d (Use Criteria - Office Development) at the property located at 1095 Irvine Boulevard. Be That a public hearing was duly called, noticed and held on said application on August 22, 1994, by the Planning Commission. Ce That establishment, maintenance and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following: The proposed medical office buildings would be established in an existing structure that previously housed a bank, a use similar in operation as the proposed medical facility. · Hours of operation for the medical office buildings would be limited to 7:00 a.m. to 10:00 p.m. · The structure at 1095 Irvine Boulevard has been vacant for approximately one year, and has been subject to neglect and vandalism. Therefore, occupation of the structure would be beneficial to the surrounding property and improvements. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3296 Page 2 De That this project is considered Categorically Exempt, Class 3, pursuant to Section 15303 of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit No. 94-014 to authorize the establishment of medical office buildings where greater than 50% of the ground floor area is designated for occupancy by professional offices pursuant to Tustin City Code Section 9232d (Use Criteria - Office Development) at the property located at 1095 Irvine Boulevard, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 22nd day of August, 1994. B~ARBARA REYES~~ Recording Secretary Cha i~rson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3296 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of August, 1994. B~AR~REY~ Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 94-014 CONDITIONS OF APPROVAL RESOLUTION NO. 3296 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date- stamped August 22, 1994, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director may also approve minor modifications to the plans if such modifications are determined to be consistent with the approved plans. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Conditional use permit approval shall become null and void unless all building permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within 30 days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 94-014 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form, as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project. SOURCE CODES (1) STA/~DAJ~D CONDITION (5) RESPONSIBLE AGENCY ( 2 ) CEQA MITIGATION REQUIREMENT (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTION Exhibit A Resolution No. 3296 Page 2 PLANNING DIVISION (5) 2.1 The maximum hours of operation for the medical offices shall be from 7:00 a.m. to 10:00 p.m. daily. (1) 2.2 The property shall be maintained to the minimum requirements of the Property Maintenance Ordinance as specified in Tustin City Code Section 5502. Should any condition exist upon the premises which is dangerous to human life or is detrimental to health as determined by an appropriate city official, or should significant cracks or missing building materials be revealed upon removal of the boards covering the windows and doors of the structures, repairs shall be made prior to occupancy, subject to the review and approval of the Community Development Department. Any required building permits shall also be obtained prior to the undertaking of any such repairs. (1) 2.3 The parking lot shall be slurry-sealed and restripped prior to occupancy. A parking lot plan indicating the proposed stripping plan, including handicap spaces meeting the State Accessibility requirements shall be submitted to the Community Development Department for approval prior to occupancy. ~ (5) 2.4 The parking lot plan shall indicate the replacement of all wheel stops currently existing in the parking lot with 6" high continuous curbing. (6) 2.5 The parking lot plan shall indicate the addition of 6" high continuous curbing on the northeast side of the landscape planter along the northwest property line adjacent to the bowling alley. (5) 2.6 The applicant shall close the two driveways on Elizabeth Way with a chain extended across each driveway during all hours which the medical facility is closed. BUILDING DIVISION (C) 3.1 Three (3) parking spaces shall be accessible to persons with disabilities; one of which shall be van accessible with a minimum access aisle of 96 inches wide. Exhibit A Resolution No. 3296 Page 3 (c) 3.Z At building plan check the following shall be submitted: a~ Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes including exiting requirements, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. S~ Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. ENGINEERING DIVISION (c) 4.1 The existing curb ramp at the corner of Old Irvine Boulevard and Elizabeth Way will require reconstruction to comply with the current ADA requirements. Reconstruction shall be per the Caltrans Standard which is identified as Standard NSP A88 Case C. (c) 4.2 This property shall be annexed to the Tustin Landscape and Lighting District. The Engineering Division shall be provided with a letter from the property owner stating that the annexation will not be protested. FIRE DEPARTMENT (c) 5.1 Prior to issuance of any building permits, water improvement plans shall be submitted to and approved by the Fire Chief to ensure adequate fire protection and financial security posted for the installation. The water system design, location of valves and the distribution of the fire hydrants will be evaluated and approved by the Chief. Indicate on the site plan any existing hydrants. (c) 5.2 Prior to issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building. This will be used to determine occupancy. If this is a Division 1.2, then the applicable requirements shall be met. Exhibit A Resolution No. 3296 Page 4 FEES (C) 6.1 Payment of building plan check and permit fees to the Community Development Department shall be made prior to the issuance of any building permits in accordance with the Tustin City Code. (c) 6.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty five dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hour of notification, a cashier's check payable to the COUNTY CLERK in the amount of $1,250 (one thousand, two hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990. If this fee is imposed, the subject project shall not be' operative, vested or final unless and until the fee is paid.